Skip to main content

Can I get my visits back or make new arrangements since they are older?

Saint Cloud, MN |

I was getting regular visits with my boys when their mother decided to take them from me again. This has been going on for years and always went back to court and got make up time. This last time, I had it, I got pushed over the edge, I went into a depression. I have had regular visits with them for about 2 years. I see them though on Holidays because she lets them go with my parents and I see them there. I am in a better place where I can hire a lawyer and I want to know if I can get my visits back or more. My boys are 15 and 12. I might want to look into custody maybe even too. The mother of my boys doesn't work and when she does it last 2 months or less. They are living in a very cramped house with her mother. I am upset because the grandmother is raising them when it should be me.

I graduate college with my B.A. degree in Criminal Justice in 6 months. I am in a job now making $18/hr and I feel I can provide more stability for them than she can. She has moved in with several guys in the past year and moves the boys in and when they break up, they are back at her mothers. She has lost her home and vehicles doing this and not working. I know my sons will put up a fight just because right now where they are at, they don't get discipline. They can do whatever they please and stay out until however long. My 15 year old has been getting in trouble in school, getting caught with weed, and staying out until 2 am or 3 am with no consequences. What can I do?

Attorney Answers 3

Posted

You can and should get an attorney. The facts of your case are compelling, but they need to be told to the judge in a way that incorporates the legal tenants involved in child custody. You are entitled to parenting time with your children. You should talk with an attorney about what your goals are in terms of parenting time and custody, and then devise a strategy to meet those goals. Most attorneys, including myself, offer free consultations. 612-206-3722.

I appreciate your endorsements! If you "agree," or found this response "helpful," please mark it as so. The Law Offices of Sara M. G. Rojas offers free consultations by phone or in person. To schedule one today call 612-206-3722 or email me at srojas@rojaslegal.com. Disclaimer: Nothing in this response constitutes legal advice or creates an attorney-client relationship. You should always consult with a local attorney regarding your specific legal circumstances. Answers posted on Avvo are intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation about your specific legal issues, with an attorney licensed to practice in your jurisdiction. You should not rely solely upon this website, or other resources which may be linked to an answer in addressing your legal issues. Questions and answers, or other postings to the Avvo site, are not confidential and are not subject to attorney-client privilege. The full Avvo Terms of Use are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of Minnesota and the U.S. District of Minnesota. Any general information I provide about non-Minnesota laws should be verified with an attorney licensed to practice in your state.

Mark as helpful

2 lawyers agree

Posted

I agree with counsel. You should get a lawyer to help you start a case to get custody and parenting time rights so mother cannot just decide your access for you.

www.majeskilaw.com

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

Mark as helpful

1 lawyer agrees

Posted

Immediately hire a family attorney and initiate a custody motion to have it transferred to you. I'll be honest, that will be a tough case since, by law, you need to prove actual endangerment to the children in order to get custody transferred. You can certainly get more parenting time, but that would be the fallback position, in my opinion.

We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.

Mark as helpful

1 comment

Asker

Posted

My wifes aunt and her husband just retained custody of his son because the wife kept moving and moved 7 hrs away with a guy. I understand they may not be endangered, but I am not dead and should be the one to raise my boys if their mother cant. I have many witnesses into her character as well as my boys therapist.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics